Johnson & Quin Inc. has filed a lawsuit against F.S. Marketing Service Inc. alleging that it failed to pay for four direct mail printing jobs conducted for F.S.’s client Miracle Ear Inc.
F.S. disputed $48,535 in charges for one of the jobs, which was mailed late. In addition, a programming error on that job resulted in the loss of one or more telephone numbers for local Miracle Ear outlets on approximately half of the 510,000 mail pieces, alleged the court documents.
Johnson & Quin, Niles, IL, claimed that charges for the remaining three jobs, totaling $222,669, were undisputed by F.S. Marketing but have not be paid. Those jobs–requested between December 2000 and March 2001–totaled about 2.7 million pieces.
Miracle Ear sells hearing aids and related devices. F.S. is a direct marketing company.
The parties are in settlement discussions, said Paul Lehner, an attorney for Johnson & Quin, Chicago.
The lawsuit was filed Oct. 18 in the U.S. District Court for the Northern District of Illinois Eastern Division.
Earlier this year, East Greenbush, NY-based F.S.– which does business as Proforma F.S. Marketing– filed a breach-of-contract suit in one of the Miracle Ear jobs against Johnson & Quin in New York, but the suit was dismissed on jurisdictional grounds, according to the complaint filed by Johnson & Quin.
Network
